BOARD DATE: 13 June 2018 DOCKET NUMBER: AR20160012848 BOARD VOTE: _________ _______ ________ GRANT FULL RELIEF ________ ________ ________ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ____x____ ____x____ ____x____ DENY APPLICATION 2 Enclosures 1. Board Determination/Recommendation 2. Evidence and Consideration BOARD DATE: 13 June 2018 DOCKET NUMBER: AR20160012848 BOARD DETERMINATION/RECOMMENDATION: The evidence presented does not demonstrate the existence of a probable error or injustice. Therefore, the Board determined the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned. _____________x____________ CHAIRPERSON I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in this case. BOARD DATE: 13 June 2018 DOCKET NUMBER: AR20160012848 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. Application for correction of military records (with supporting documents provided, if any). 2. Military Personnel Records and advisory opinions (if any). THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE: 1. The applicant requests correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 28 May 2015 to show he entered active duty on 14 January 2013. 2. The applicant states his DD Form 214 for the period ending 28 May 2015 shows he entered active duty on 31 December 2006, but he was never on active duty during this time. According to his active duty orders, the correct date should be 14 January 2013. He needs his DD Form 214 corrected because it will affect his compensation with the Department of Veterans Affairs. 3. The applicant provides: * active duty orders, dated 22 January 2013 * retirement orders, dated 3 April 2015 * DD Form 214 for the period ending 28 May 2015 CONSIDERATION OF EVIDENCE: 1. Title 10, U.S. Code, section 1552(b), provides that applications for correction of military records must be filed within 3 years after discovery of the alleged error or injustice. This provision of law also allows the Army Board for Correction of Military Records (ABCMR) to excuse an applicant's failure to timely file within the 3-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so. While it appears the applicant did not file within the time frame provided in the statute of limitations, the ABCMR has elected to conduct a substantive review of this case and, only to the extent relief, if any, is granted, has determined it is in the interest of justice to excuse the applicant's failure to timely file. In all other respects, there are insufficient bases to waive the statute of limitations for timely filing. 2. Having prior service in the Regular Army from 5 September 1975 to 5 September 1978, he transferred to the U.S. Army Reserve and he remained in the U.S. Army Reserve through continuous reenlistments. 3. Department of the Army, U.S. Army Human Resources Command, Orders A-01-301228, dated 22 January 2013, ordered him to active duty to participate in the Reserve Component Warriors in Transition Medical Retention Processing Program for completion of medical care and treatment. The reporting date is shown as 14 January 2013. 4. There is no evidence showing he reported for duty and entered active duty on 14 January 2013. 5. His retirement points detail statement shows he was on active duty from 19 February 2013 to 28 May 2015 (total of 2 years, 3 months, and 10 days). 6. On 28 May 2015, he retired by reason of temporary disability. He was placed on the Temporary Disability Retired List effective 29 May 2015. 7. His DD Form 214 for the period ending 28 May 2015 shows in: * item 12a (Date Entered Active Duty This Period) – 31 December 2006 * item 12b (Separation Date This Period) – 28 May 2015 * item 12c (Net Active Service This Period) – 2 years, 4 months, and 15 days 8. A DD Form 215 (Correction to DD Form 214), dated 12 July 2017, amended the following items on his DD Form 214 for the period ending 28 May 2015 by: a. deleting the entry in item 12a and replacing it with the entry "2013 02 19 [19 February 2013]" and b. deleting the entry in item 12c and replacing it with the entry "0002 03 10 [2 years, 3 months, and 10 days]" REFERENCES: Army Regulation 635-5 (Personnel Separations – Separation Documents), in effect at the time, prescribed the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army. It established standardized policy for the preparation of the DD Form 214. The instructions for item 12a stated to enter the beginning date of the continuous period of active duty for issuance of this DD Form 214 for which a DD Form 214 was not previously issued. . DISCUSSION: 1. The applicant contends his DD Form 214 for the period ending 28 May 2015 should be corrected to show he entered active duty on 14 January 2013 as shown on his active duty orders. However, there is no evidence showing he reported for and entered active duty on 14 January 2013. 2. The evidence of record shows he entered active duty on 19 February 2013 and retired on 28 May 2015 after completing 2 years, 3 months, and 10 days of creditable active service. Items 12a and 12c of his DD Form 214 for the period ending 28 May 2015 were amended in a DD Form 215 to show this information. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20160012848 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20160012848 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2